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[[underlined]] Copy Continued [[/underlined]] [[underlined]] 5 [[/underlined]]
be squandered or appropriated to other uses than for the necessities of this expedition -

[[underlined]] Fourth [[/underlined]]. That we hereby agree that in case the rainy season should be such that we are unable to work in the Gold district that they shall then repair to San Francisco or some other Point, there to employ their time at work to the best of their abillities for the Mutual benefit of the whole -

[[underlined]] Fifth [[/underlined]]. It is mutually agreed that after defraying all the expences, we the undersigned Persons Henry A Kerr & B.S. Clark are to receive One Quarter of the nett proceeds of all your earnings during this expedition. the Balance then be the Property of the five men herein named -

[[underlined]] Sixth [[/underlined]], We Mess Kerr & Clark do hereby agree to receive the remittances which shall be sent to us, and after paying the expences of the same that portion of the nett proceeds which shall belong to the five above named persons, shall be invested in the safest maner possible -

     Given under our hands & Seals
this Twentieth day of December One Thousand Eight Hundred & forty Eight

Witnessed by       
E.J. Hyde &
Geo. H. Clark 

Henry A Kerr ^[[drawn diamond shape containing letters LS]]
B.S. Clark   ^[[drawn diamond shape containing letters LS]]